1 / 4 2025:CGHC:13964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1942 of 2025 1 - Oshin Rani Singh D/o Late Dhirendra Kumar Singh Aged About 32 Years R/o Jatga Mod Kashniya Katghora District Korba ... Petitioner versus 1 - State Of Chhattisgarh Through Additional Chief Secretary Department Of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar 2 - Principal Chief Conservator Of Forest And Head Of Forest Forces Chhattisgarh Forest Department, Jail Road, Aranya Bhawan, Atal Nagar Naya Raipur Raipur Chhattisgarh 3 - Chief Conservator Of Forest, Bilaspur Circle Office Sindhi Colony Warehouse Road Bilaspur Chhattisgarh 4 - Divisional Forest Officer, Katghora District Korba Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Anand Mohan Tiwari, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.03.25 11:50:44 +0530 2 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/03/2025 1. By the present writ petition, the petitioner, who is working on the post of Forest Guard presently working as Beat/Campus Guard under the respondent authorities/ Office of Divisional Forest Officer Research and Extension, Forest Division, Bilaspur, is questioning the order dated 20/02/2025 (Annexure P/1) passed by the respondent No.4/ Divisional Forest Officer, Katghora, District Korba by which the DFO has passed an order of recovery of an amount of Rs.1,57,833/- in 23 equal installments from the petitioner. The recovery order issued on the ground that the petitioner while working as Forest Guard during the period 2018-19 in the Trikhuti forest area, it was found that the plantation made by the petitioner was not successful and a report was prepared on the basis of an enquiry made by the Chief Conservator of Forest, Kanker for the said period. Show cause notice was issued on 05/09/2024 to the petitioner, however, the petitioner could not reply to the same because the show cause notice was not supported by the enquiry report hence due to lack of the details during the period when the petitioner was posted in Trikhuti area, Jatga Circle and requested the authority to provide the register which was being maintained in the Office of Trikhuti area during the period of 15/09/2017 to 30/03/2020. 2. (i) Learned counsel appearing for the petitioner submits that the show cause notice was issued without a copy of enquiry report. The recovery order has been passed by the respondent authorities in an 3 / 4 illegal and arbitrary manner in complete violation of principles of natural justice. (ii) learned counsel for the petitioner by referring the letter dated 07/10/2024 (Annexure P/9), submits that the petitioner requested the concerned DFO for supply of the details regarding the plantation in Trikhuti area during the period 15/09/2017 to 30/03/2020, however, the same was not supplied to the petitioner till date. 3. Learned counsel appearing for the State would submit that the writ petition filed by the petitioner is not maintainable as the petitioner can approach the appellate authority i.e. the Conservator of Forest to question the order of recovery. He further submits that the petitioner, without responding to the show cause notice, has submitted an application seeking some documents on 07/10/2024, hence, the petitioner can file the reply to the show cause notice. The impugned recovery order has been passed by the respondent authorities is just and proper and there is no illegality committed in passing the order. 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of Annexure P/1 would show that the order of recovery has been passed by the respondent DFO, Katghora on the basis of an enquiry report submitted by the Chief Conservator of Forest where it was found that during the period 2018-19 the plantation made by the Forest Department was not successful and on the basis of the said report, the impugned order has been passed by the DFO. 4 / 4 6. It appears from the order dated 20/02/2025 itself that the petitioner failed to file reply to the show cause notice although the show cause notice has been served upon the petitioner. It is also apparent from the pleadings as well as Annexure P/9 that on 07/10/2024, the petitioner, to file reply to the show cause notice, had sought the assistance from the department and requested to provide the register maintained in Trikhuti area for the period 15/09/2017 to 30/03/2020 when the petitioner was posted there and the plantation was made. However, without supplying the said register, the impugned order of recovery has been passed by the respondent authorities which appears to be contrary to the principles of natural justice and the petitioner had not been afforded opportunity to explain either at the time of enquiry conducted by the Chief Conservator of Forest or before the order passed by the DFO. 7. In view of the above, the impugned order dated 20/02/2025 (Annexure P/1) is hereby quashed. However, liberty is reserved for the State to provide the documents sought by the petitioner vide letter dated 07/10/2024 (Annexure P/9) and by issuance of a fresh show cause notice, the State may take appropriate action against the petitioner, if so desired. 8. Accordingly, the writ petition is allowed to the extent indicated above. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar